ACCEPTED
01-14-01020-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/12/2015 4:18:33 PM
CHRISTOPHER PRINE
CLERK
NO. O1-14-01020-CR
IN THE COURT OF APPEALS FOR THE FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
FIRST DISTRICT OF TEXAS 3/12/2015 4:18:33 PM
CHRISTOPHER A. PRINE
Clerk
AT HOUSTON
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NO. 991804
IN THE 185 th DISTRICT COURT
OF HARRIS COUNTY, TEXAS
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SIMM IE JAM ES COLSO N III, APPELLANT
V.
THE STA TE OF T EXAS, APPELLEE
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MOTION FOR EXTENSION
OF TIME TO FILE BRIEF OF APPELLANT
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Morris L. Overstreet Winston E. Cochran, Jr.
Attorney at Law Attorney at Law
Texas Bar No. 00000046 Texas Bar No. 04457300
P.O. Box 35 P.O. Box 2945
Prairie View, TX 77446 League City, TX 77574
Tel. (512) 844-8357 Tel. (713) 228-2064
morrisoverstreet@yahoo.com winstoncochran@comcast.net
Attorneys for A ppellant
TO THE HONOR ABLE C OURT O F APPE ALS:
COMES NOW the appe llant, Simmie James Colson III (hereinafter “C olson”),
through the undersigned counsel, and respectfully requests that this Court exte nd the
time for filing the appellant’s brief for sixty days, until May 11, 2015. In support of
this motion, the ap pellant submits the follow ing.
1. Colson was convicted of Theft and place d under co mmunity supervision
in Cause Number 991804 in the 185th District Co urt of Harris Co unty. The State filed
a motion to revoke probation. After a hearing, the judge of the co urt found that the
allegations of the motion were true and assessed punishment at confinement for seven
months in the State Jail Division of the Texas Department of Criminal Justice, plus a
fine of $60 0. C olso n gave time ly notice o f app eal.
2. Colson’s b rief in this cause is due on M arch 12, 2015. Colson re quests
an exte nsion of time to file his brief for sixty days, until May 11, 2015. This is the first
request for an exte nsion of time to file C olson’s brief.
3. The reasons for the requested extension of time is as follows:
A. Due to the press of other business, the appellant’s attorneys have not had
sufficient time to file a brief in this cause. Since the filing of the reporte r’s record,
attorney Overstre et has be en involved in several oth er matters w ith little or no
flexibility in scheduling, including:
(1) Davina Moore v. State of Texas – application for a stay of manda te in the
Twelfth Co urt of Appea ls in order to provide time to seek review in the
United Sta tes Supre me Court;
(2) State v. Meisha Robinson – felony trial case for possession of a controlled
substanc e in Liberty County; a nd
(3) State v. Cecilia Beaudion – multi-defendant felony trial case for E ngaging
in Organized C riminal Activity in Houston County.
B. Attorney Winston E. Cochran, Jr. has joine d in Colson’s representation
at the appellate level. Since the filing of the reporter’s record, attorney Cochran has
been involved in several other matters with little or no flexibility in scheduling,
including:
(1) State of Texas v. Prentis Venzant – jury trial in the 212 th District Court of
Galvesto n County;
(2) State of Texas v. Darcie Spillers – pretrial hearing in the 405th District
Court of G alveston C ounty; and
(3) Ex parte Mario Gomez – as sisting othe r counsel with p reparation of a
postconviction writ application filed in the 232 nd District Court of Harris
County.
C. Both of Co lson’s atto rneys have seve ral matters sc heduled ove r the next
month, including trial work. Completing a b rief by mid-April would be difficult, and
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it is likely that a second extension would have to be requested. Accordingly, Colson’s
attorneys believe a sixty-day extension request at this time is more realistic.
4. This motion is not filed for purposes of delay but in order that justice may
be done.
CONCLUSION
Where fore the appellant requests that the time for filing the appellant’s brief in
this cause be extended to May 11, 2015.
Respectfully submitted,
/s/ Morris L. Overstreet
Morris L. Overstreet
Attorney at Law
Texas Bar No. 00000046
P.O. Box 35
Prairie View, TX 77446
Tel. (512) 844-8357
morrisoverstreet@yahoo.com
/s/ Winston E. Cochran, Jr.
Winston E. C ochran, Jr.
Attorney at Law
Texas Bar No. 04457300
P.O. Box 2945
League City, TX 77574
Tel. (713) 228-0264
winstoncochran@comcast.net
Attorneys for A ppellant
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CERTIFICATE OF SERVICE
I certify that a copy of this motion is being served on counsel for the appellee,
by mail or personal delivery, at the follow ing address on the 12th day of March, 2015:
Harris County District Attorney’s Office
Appellate Division
1201 Franklin, Suite 600
Houston, TX 77002
/s/ Winston E. C ochran, Jr.
Winston E. C ochran, Jr.
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Simmie James Colson III v. State
Combined Opinion